Chapter 10.60
AUTOMATED TRAFFIC ENFORCEMENT
Sections:
10.60.020 Authorized use of automated traffic safety cameras.
10.60.030 Notice of infraction for automated traffic enforcement violations.
10.60.040 Adjudication of infraction – Procedures.
10.60.050 Violation – Presumption.
10.60.060 Infractions processed.
10.60.080 Nonexclusive enforcement.
10.60.090 Use of electronic signatures authorized.
10.60.010 Purpose.
The city recognizes the value of implementing an automated traffic enforcement program in furtherance of city goals of creating a safer environment for its citizens. (Ord. 1629-07 § 1, 2007).
10.60.020 Authorized use of automated traffic safety cameras.
A. Law enforcement officers of the city and persons commissioned by the police chief are authorized to use automated traffic cameras and related automated systems to detect stoplight infractions at two-arterial intersections.
B. The use of automated traffic cameras is subject to the following restrictions:
1. Use of traffic safety cameras is restricted to (a) school speed zones, and (b) stoplight violations occurring at two-arterial intersections (the intersections of two arterial streets).
2. Automated traffic cameras may only take pictures of the vehicle and the vehicle license plate and only while an infraction is occurring. Pictures taken by automated traffic safety cameras may not reveal the face of the driver or of the passengers in the vehicle.
3. Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this chapter are for the exclusive use of law enforcement in the discharge of duties under this chapter and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this chapter. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this chapter nor retained longer than necessary to enforce this chapter pursuant to RCW 46.63.170.
C. The city shall clearly mark all locations where automated traffic safety cameras are in use by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera.
D. For the purposes of this chapter, “automated traffic safety camera” means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal, or exceeds a speed limit in a school speed zone as detected by a speed measuring device. (Ord. 1896 § 1, 2014; Ord. 1777 § 1 (Exh. A), 2012; Ord. 1629-07 § 1, 2007).
10.60.030 Notice of infraction for automated traffic enforcement violations.
A. Whenever any infraction as detected under this chapter is photographed by an automatic traffic safety camera, a notice of infraction shall be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter’s name and address under subsection (B) of this section.
B. If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the issuing agency by return mail:
1. A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
2. A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or
3. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.
Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction.
C. The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon the inspection of photographs, microphotos, or electronic images by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. (Ord. 1737 § 1, 2010; Ord. 1629-07 § 1, 2007).
10.60.040 Adjudication of infraction – Procedures.
A. A person receiving a notice of infraction under FMC 10.60.030 may either: admit, mitigate, or contest the notice by mail; or may request a hearing to mitigate or contest the infraction in person. The Fife municipal court shall adjudicate all requests to mitigate or contest the notice of infraction.
B. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. (Ord. 1629-07 § 1, 2007).
10.60.050 Violation – Presumption.
A. In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this chapter and/or RCW 46.63.170, as now enacted or hereafter amended, proof that a particular vehicle described in the notice of traffic infraction was in violation of any such provision of this chapter and/or RCW 46.63.170, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for time during which, the violation occurred.
B. This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody or control of some person other than the registered owner. (Ord. 1737 § 2, 2010; Ord. 1629-07 § 1, 2007).
10.60.060 Infractions processed.
Infractions detected through the use of automated traffic safety cameras are not part of the registered owner’s driving record under RCW 46.52.101 and 46.52.120, as now enacted or hereafter amended. Additionally, infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions prosecuted under this code, including for the purposes of RCW 3.50.100, 3.62.040, 35.20.220, 46.16A.120 and 46.20.270, and any other applicable statutes. (Ord. 1808 § 25, 2012; Ord. 1629-07 § 1, 2007).
10.60.070 Fines.
A. The fine for stop light infractions committed pursuant to the provisions of this chapter shall be the same as the total penalty (base penalty plus statutory assessments) for violating RCW 46.61.050, as provided under RCW 46.63.110, but in no event shall the penalty exceed the amount of the highest fine assessed for parking infractions within the city.
B. The fine for school speed zone infractions committed pursuant to the provisions of this chapter shall be as follows:
|
MPH over Posted Speed |
Fine Amount |
|---|---|
|
1 – 10 |
$101 |
|
11 – 15 |
$132 |
|
16 – 20 |
$173 |
|
21 – 25 |
$224 |
|
26 or more |
$250 |
(Ord. 1907 § 1, 2015; Ord. 1747 § 2, 2011; Ord. 1737 § 3, 2010; Ord. 1629-07 § 1, 2007).
10.60.080 Nonexclusive enforcement.
Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1)(a), (b), or (c). (Ord. 1629-07 § 1, 2007).
10.60.090 Use of electronic signatures authorized.
A. It is contemplated that in the use of traffic safety cameras the infractions would be generated automatically through electronic programs tied to the traffic safety camera. In order to minimize handling issues and to facilitate prompt transfer of charging document, the city wishes to use the electronic signature system authorized pursuant to Chapter 19.34 RCW.
B. In connection with the traffic safety camera program, the police chief or the chief’s designee is authorized to utilize electronic signatures in accordance with the provisions of Chapter 19.34 RCW. (Ord. 1629-07 § 1, 2007).